Article 328 — Grounds of appeal

(1) The memorandum of appeal shall set forth concisely and under distinct heads th~ grounds of objection to the judgment appealed from without any arguments and such grounds sball be numbered CIVIL PROCEDURE CODE un consecutiyely. . (2) The appellant shall not. except by leave of the court. ur~ or ~ heard in support of any ground of objection not set forth in the memorandum of appeal. (3) The Appellate Court in deciding the appeal, shall not be c0n- fined to the grounds of objeetion set forth in the memorand1DD of appeal or taken by leave of the court under sub-art. (1): Provided that the court shall n~ rest its decision on any other ground unless the party WDOmay be affected thereby has had a sufficient opportunity of contesting the case on that ground.